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Feelings are not evidence

January 2, 2020

As a workplace investigator, my work involves making factual findings where I must determine whether an alleged incident occurred. Over the years, I have interviewed individuals who have conveyed to me their sincere feeling that the alleged incident I am investigating has happened but have not been able to provide any other evidence or witness to corroborate their feeling. For instance, I have had witnesses state that while they did not see the alleged conduct occur between the complainant and the respondent, they feel it happened based on previous observations of or similar interactions they have had with the respondent.

Hindsight for 2020: Reflecting on the past decade to help us navigate the next

December 23, 2019

2020 is around the corner. Although I find this somewhat alarming and difficult to digest, I suppose the warning signs were fairly obvious. And I’m not necessarily talking about self-driving cars and intuitive robots per se; just the inevitable passage of time. As one decade ends and another one is due to commence, it strikes me as an opportune moment for reflection: a time to look at what we have come to know about issues of harassment in the workplace and consider what insight the lessons of the last decade offer for the future of workplace investigations in 2020.

Getting unstuck: A how to guide on writing workplace investigation reports

December 11, 2019 | By Liliane Gingras

I suspect that for many of you, conducting investigations and report writing is a once in a while occurrence rather than a full-time job like it is for us here at Rubin Thomlinson. Many of you are busy human resources professionals and counsel with endless competing day-to-day priorities. Likely, you are pulled in many different directions, putting out small fires and trying to keep up with all of those urgent emails and phone calls. For you, investigations may feel particularly disruptive and the process of producing a good-quality investigation report daunting.

Cyber-stalkers, car accidents and bears – oh my! Safety tips for workplace investigators

December 5, 2019

As a workplace investigator, my job often requires me to consider how a person’s well-being might have been impacted as a result of a workplace incident. Something I occasionally neglect to do, however, is reflect on my own well-being and safety while at work. My colleague, Janice Rubin, wrote about the need for investigators to keep self care in mind but sometimes the dangers to our health are more immediate than stress or compassion fatigue. I asked my fellow investigators to share their experiences with safety issues while on the job, and below are some examples of hazards that investigators might encounter during the course of an investigation, and steps that can be taken to minimize the risk.

See something, (don’t) say something: New research on witnessing workplace harassment

December 4, 2019 | By Elizabeth Bingham

Time and again we see a familiar story play out in the media and in our work as workplace investigators: troubling behaviour on the part of one or more employees that many other employees witnessed, but never reported to anyone. This is one of the most vexing problems those of us who care about addressing and preventing workplace harassment and discrimination face: why do so many people see or hear about inappropriate behaviour in the workplace and remain silent? And how can we motivate these witnesses – who we refer to as bystanders – to speak up?

All I want for Christmas… is a harassment-free office holiday party

December 2, 2019

There’s a crispness in the air that reminds me that winter is just around the corner. At the risk of being “that person,” I love this season; sitting by a crackling fire with my family and a cup of tea is what I consider perfection. Like me, some human resources departments are also gearing up for their end-of-year gatherings – apparently, office holiday parties are back in style.

“I don’t recall”: Addressing the “code of silence” in law enforcement investigations

November 27, 2019

Law enforcement agencies, such as police services, correctional institutions and the RCMP, are distinguishable workplaces with a paramilitary culture and an emphasis on solidarity with one another. These attributes can be important in the execution of duties, given the inherent dangers involved in working at such organizations.

However, problems manifest when the notion of solidarity evolves into an unwillingness to report the misconduct of one’s colleagues. This unwillingness, often referred to as the “code of silence”, the “blue wall” or the “thin blue line”, is often rooted in a fear of backlash in the workplace.

Trauma and credibility: The Ontario divisional court reviews a “he said, she said” case of sexual harassment

November 26, 2019

In 2018, the Ontario human rights tribunal case A.B. v Joe Singer Shoes Limited received a lot of attention because of its high damages award – $200,000 for the Applicant’s pain and suffering from of over 20 years of sexual harassment by her boss, Mr. Singer. But when Mr. Singer sought judicial review of this decision, it was not the quantum of the damages that was at issue; it was the Vice-Chair’s assessment of the parties’ credibility. Since this was a “he said, she said” case – there were no direct witnesses to Mr. Singer’s conduct – the Vice-Chair determined that Mr. Singer had engaged in sexual harassment, even though he denied doing so, because she believed the Applicant (Ms. B.) and did not believe Mr. Singer.

Serious insight for serious situations.